Island Lake clerk sues village, says she's owed $182,000

Island Lake Village Clerk Christine Kaczmarek has filed a lawsuit against the village, claiming she is owed more than $182,000 in back pay since being elected clerk and collector three years ago.

The lawsuit, filed Sept. 12 in Lake County circuit court, stems from the village board's 2005 decision to reduce the hours and pay of the position, a move Kaczmarek says was illegal because it was imposed after she took office May 1. By law, pay for an elected official cannot be increased or decreased during their current term, and must be fixed at least 180 days before the beginning of their term of office.

Ironically, the lawsuit comes more than three years after Kaczmarek defeated former clerk Christine Becker for the job with a campaign that included a promise to reduce the clerk's annual salary from more than $70,000 to $4,800.

"I am still living up to my campaign promise because that was for the clerk position," she said Thursday. "The lawsuit is for the position of collector."

Kaczmarek said the village collector works with the finance department and takes in money for village stickers, permits and other items. The collector also deposits that money in the bank and enters information into the village computer system, she said.

Becker, who served in the dual role, was paid more than $78,000 annually for both positions, court records show.

Kaczmarek stressed her campaign promise was to reduce the clerk's pay only, and added the salary for collector was never mentioned. She said she didn't know the two positions were combined when she ran for office.

Mayor Tom Hyde said he could not comment on the Kaczmarek lawsuit, except to confirm it involves back pay, and that the village board changed the status of the clerk's position.

"The current salary of the clerk and collector is $16,500," he said. "And it is a part-time position that was changed in 2005."

At that time, the village board reduced the clerk's salary to $4,800. It also reduced the amount of money the collector was paid to $15 an hour, and limited the hours of that job to 20 per week.

"I brought this whole issue to the mayor and to the village attorney in 2005, saying I should be paid more to do both jobs," Kaczmarek said. "I did not go back on my campaign promise. This is not for the clerk position. It's for the collector position."

On campaign literature mailed to Island Lake residents ahead of the April 2005 election, Kaczmarek lists 10 reasons why she should be elected clerk. Item nine states: "I will save the village of Island Lake by earning only approximately $4,500 a year as opposed to the current salary paid which exceeding $70,000 a year."

The lawsuit contends that, since state law was not followed when the salary structure was changed by the village board, Kaczmarek is entitled to the full salary and benefits Becker received for the full-time position. That total comes to $182,128 since 2005.

Her attorney, Steven J. Cuda of McHenry, said for the salary change to legally apply to Kaczmarek, the village board would have had to vote on it in fall 2004, not after she was in office.